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HomeMy WebLinkAboutCounty Council November 19 1987WHATCOM COUNTY COUNCIL November 19, 1987 The meeting was called to order by Council Chair Burton at 7 :00 p.m. with Hansey, Hawley, Johnson, Muenscher and Warner present. Roehl arrived at 7:20 p.m. APPROVAL OF MINUTE The minutes of the Council meetings of October 27, 1987 and November 5, 1987 were approved. EXECUTIVE ITEMS REQUEST FOR APPROVAL OF BIDDERS LIST FOR THE SUPPLY OF RIPRAP ROCK DURING 1988. PURCHASES FROM INDIVIDUAL VENDORS ESTIMATED IN EXCESS OF $10,000 Warner reported that the Finance Committee recommended approval of the request. WARNER MOVED TO APPROVE THE BIDDERS LIST. The motion carried. REQUEST FOR APPROVAL OF BIDDERS LIST FOR THE SUPPLY OE HOT AND COLD ASPHALTIC MIXES DURING 1988, PURCHASES FROM INDIVIDUAL VENDORS ESTIMATED IN EXCESS OF $100000 Warner reported that the Finance Committee recommended approval of the request. WARNER MOVED TO APPROVE THE BIDDERS LIST. The motion carried. REQUEST FOR AUTHORIZATION TO SIGN AN AGREEMENT BY AND BETWEEN WHATCOM COUNTY AND THE GENERAL TEAMSTERS LOCAL UNION NO, 231, "CRIMINAL DEPUTY PROSECUTING ATTORNEY'S COLLECTIVE BARGAINING UNIT" Executive Van Zanten briefly discussed the contract. Warner reported that the Finance Committee recommended approval of the contract. WARNER MOVED TO AUTHORIZE THE CONTRACT. The motion carried. November 19, 1987 Page 2 NEW APPOINTMENT OF FRANK YOUNT TO..THE NORTHWEST.SENIOR SERVICES BOARD TO COMPLETE THE.T.ERM OF.HORTENSE WESTERMAN WHO PASSED AWAY. THE TERM WILL EXPIRE ON JUNE �0, 1989. Van Zanten presented her proposed appointment to the Council. HAWLEY MOVED TO APPROVE THE APPOINTMENT. The motion carried. REPORT OF THE EXECUTIVE The report was distributed to the Council. M.00mar.01 11ror. owl IN-1-1 IM 23 MEMO F-WE Van Zanten distributed and reviewed the material, and discussion followed. HEARINGS ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGE WHATC.OM COUNTY FOR THE YEAR 1988 . AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (final adoDtion scheduled for 11/24/8.7) Warner introduced a substitute ordinance which incorporated the Finance Committee's recommended changes to the Executive's budget, and reviewed those changes. The public hearing was opened. Shirley Forslof County Auditor -Elect Testified about Proviso F of the budget ordinance requiring a job audit in Auditor's Office prior to any personnel replacement in the Elections division. Stated that she should be given the opportunity to implement her own plans for reorganization prior to such an audit; 1988 is a presidential election year and all personnel in Elections are badly needed; the prohibition against sending voter pamphlets to out -of -state absentee voters is unfair because voters from other counties will receive the pamphlets; the position scheduled to be relocated along with computer equipment performs other functions in the department as well as those related to the operation of the computer. November 19, 1987 Page 3 Following Ms. Forslof's testimony members of the Finance Committee explained and discussed the rationale for their recommendations. There was no further testimony and the public hearing was closed. RESOLUTION ADOPTING THE WHATCOM COUNTY 1988 ROAD CONSTRUCTION PROGRAM (final consideCatign sghgdUled 24 8 County Engineer Ed Henken briefly reviewed the program. The public hearing was opened. Robert Bumford 691 W. Pole Road Presented petition protesting proposed expansion of West Pole Road; classification and use of the road as an arterial is unsuitable due to other nearby arterials, high- density residential area, busy intersections along road, hairpin curves on road. Residents would welcome improvements to road but do not wish to have property taken, trees cut down, and higher speeds allowed. County Engineer Henken explained his department's rationale for the proposed development of the road. Darryl Edin 258 W. Pole Road Spoke of concerns about right -of -way acquisition of his property by the County; questioned the need for seven -foot shoulders on the road. Clare Fogelsong 5824 Noon Road Asked about the proposed Whatcom Connector and the likelihood of its being constructed. Henken described the location and purpose of the road and explained that the County would not begin work until the City of Bellingham had built its part of the road. There was no further testimony and the public hearing was closed. November 19, 1987 Page 4 OPEN SESSION Fred Johnson 7309 Emerson Road Everson Asked if there would be a public hearing on the Whatcom County Planning Commission's recommended changes to the zoning ordinance amendment regarding the disposal of solid waste (sludge). Council members explained that the Council was not required to hold another public hearing on the ordinance unless it planned to change the Planning Commission's recommendations. The meeting was recessed at 8 :25 p.m. and reconvened at 8 :35 p.m. RESOLUTION ACCEPTING THE LAKE WHATCOM WATERSHED MANAGEMENT PLAN AND ADVISORY REPORT: THANKING THE LAKE WHATCOM WATERSHED ADVISORY COMMITTEE FOR THEIR EFFORTS: FORWARDING THE PLAN TO OTHER INVOLVED AGENCIES: AND REQUESTING THE EXECUTIVE TO TAKE STEPS TQ IMPLEMENT THE PLAN INCLUDING SOLICITING A PHASE Il GRANT FROM THE DEPARTMENT OF ECOLOGY ROEHL MOVED TO APPROVE THE ORDINANCE. There was discussion on the motion. The motion carried. ORDINANCE IN THE MATTER OF AMENDING ORDINANCE 87 -24, AN ORDINANCE ESTABLISHING LITTER CONTROL WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY AND PROHIBITING UNLAWFUL DEPOSIT OF REFUSE ON PUBLIC AND PRIVATE RIGHTS -OF -WAY AND EASEMENTS AMENDING SECTION 2E AND ADDING A NEW PARAGRAPH TO SECTION 8 Johnson reported that the ordinance had been held in the Public Services Committee. ORDINANCE CREATING WHATCOM COUNTY IMPROVEMENT DISTRICT NQ, 7 FOR STREET LIGHTING MAINTENANCE IN THE AREA KNOWN AS EMERALD LAKE IN WHATCOM COUNTY, WASHINGTON Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. November 19, 1987 Page 5 ORDINANCE AMENDING ORDINANCE 85 -3, AN ORDINANCE ESTABLISHING THE OFFICE OF THE COUNTY FIRE MARSHAL AS A FUNCTION OF THE DEPARTMENT OF PUBLIC WORKS AND PROVIDING FOR ARSON AND FIRE INVESJIGATION AS A FUNCTION OF THE SHERIFF'S DEPARTMENT AMENDING WHATCOM COUNTY CODE CHAPTER 2,04, SECTION 2 04 020A AND REPEALING SECTION 21 PARAGRAPHS 6, 7, 8 AND 9 Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried unanimously. ORDINANCE IN THE MATTER OF ESTABLISHING A DEPARTMENT OF COMBINED TREATMENT SERVICES AND REPEALING WHATCOM COUNTY CODE 2,18 AND 2.46 Warner explained the ordinance, and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. HAWLEY MOVED TO TABLE THE ORDINANCE UNTIL THE ALCOHOL BOARD COULD MEET WITH THE FINANCE COMMITTEE. The motion to table carried 4 -3 (Hansey, Mue,nscher, Warner). It was agreed that the Alcohol Board would be asked to meet with the Finance Committee during its working session scheduled for the following day, and that the ordinance would be scheduled for final consideration at the Council meeting of November 24, 1987. ORDINANCE TO ESTABLISH THE WHATCOM COUNTY INFORMATION SERVICES FUND AND REPEALING CHAPTER 2.10 OF THE WHATCOM COUNTY CODE Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried unanimously. November 19, 1987 Page 6 ORDINANCE TO TRANSFER MONIES FROM THE COMMUNITY DEVELOPMENT FUND TO THE PHYSICAL PLANT AND CAPITAL FACILITIES FUND Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE TO PROVIDE FOR THE RETENTION OF INTEREST EARNINGS IN THE TORT CLAIMS FUND Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE TO TERMINATE CERTAIN COUNTY FUNDS AND TO PROVIDE FOR THE DISPOSITION OF THEIR ASSETS Warner explained the ordinance and reported that the Finance Committee recommended its adoption with an amendment. WARNER MOVED TO AMEND THE ORDINANCE BY DELETING THE WORDS, BEGINNING ON LINE 21 AND 112, " . AND THUS FORGIVING ALL OUTSTANDING DEBT OWED THE CUMULATIVE RESERVE FUND BY THE NORBELL CARE CENTER FUND." The motion to amend carried. WARNER MOVED TO ADOPT THE ORDINANCE AS AMENDED. The motion carried 6 -1 (Hansey). OTHER BUSINESS REQUEST FOR TRANSFER OF PROPERTY TO PALM -PEG CORPORATION /RELATED REQUEST FROM CITY OF BLAINE Muenscher reported that this item had been held in the Planning and Development Committee. REQUEST FOR ONE -TIME. ONE -YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL FOR LS 2 -84. "COUNTRY VILLAGE," FILED BY HERB AND VIRGINIA CHILDERS Muenscher reported that the Planning and Development Committee recommended approval of the extension. November 19, 1987 Page 7 MUENSCHER MOVED TO APPROVE THE REQUEST FOR A ONE -TIME, ONE - YEAR EXTENSION. The motion carried. ANNOUNCEMENT OF VACANCY ON WHATCOM MUSEUM BOARD Burton announced the vacancy, created by the resignation of Ellen Vaughn. ANNOUNCEMENT OF VACANCIES AND NOMINATIONS TO THE WHATCOM COUNTY WEED CONTROL BOARD Council Attorney Randy Watts explained that, in accordance with state regulations, the Weed Board had already publicized the vacancies and nominated candidates. MUENSCHER MOVED TO APPOINT RAY FANN, IVAN LIKKEL, AND BILL SHAEFFER TO THREE -YEAR TERMS ON THE WHATCOM COUNTY NOXIOUS WEED CONTROL BOARD, THE TERMS TO RUN FROM JANUARY 1, 1988 TO DECEMBER 31, 1990. The motion carried unanimously on a roll -call vote. NOMINATIONS FOR HEALTH BOARD APPOINTMENT Hansey nominated Robert Moore. Hawley nominated John Bosman, Robert Eslinger, Robert Imhof, and Evelyn Maricle. Burton nominated Marge Laidlaw. Warner and Hansey spoke in support of Robert Moore. ROEHL MOVED TO VOTE ON THE HEALTH BOARD APPOINTMENT IMMEDIATELY. The motion carried 5 -2 (Burton, Johnson). A roll -call vote was taken, with each Council member naming the candidate of his choice. Robert Moore was unanimously appointed. NOMINATIONS FOR BOARD OF EQUALIZATION APPOINTMENT Johnson nominated Helen Rhea. Burton nominated Ed Ebright, Robert Bengen, Robert Frost, F. Lyle Popple, and Howard Sheline. November 19, 1987 Page 8 The nominations were closed. NOMINATIONS FOR PLANNING COMMISSION APPOINTMENTS Johnson nominated Howard Fleck, Andy Garcia, Joann Kranc- Linville, Randolph Pell, Pat Stevenson, and Fred Ondeck. Roehl nominated Robert Lindquist. Hawley nominated Emil Baijot, Lyle Balcolm, Thomas Durham, Paul Holtzheimer, Mike Steele, and Robert Frost. Burton nominated Ann Beck. Johnson nominated Don Olson and Gerald Kraft. The nominations were closed. NOMINATIONS FOR OPEN SPACE ADVISORY COMMITTEE Hawley nominated Leonard Ebe and Curt Maberry. HAWLEY MOVED TO SUSPEND THE RULES AND VOTE IMMEDIATELY ON THE NOMINATIONS. The motion failed 3 -4 (Burton, Hansey, Johnson, Warner). The nominations were closed. NOTICE OF APPEAL OF HEARING EXAMINER'S DECISION ON CONDITIONAL USE PERMIT 43 -87 OF HUMAN SERVICES ASSOCIATES, FILED BY FRIENDS AND NEIGHBORS OF ALDERWQOD The notice of appeal was received by consent and placed on file pending receipt of written arguments. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION AUTHORIZING THE DEFENSE OF WHATCOM COUNTY EMPLOYEES FOR ACTIONS WHICH OCCUR WITHIN THE SCOPE OF THEIR EMPLOYMENT The resolution was referred to the Finance Committee for discussion. ORDINANCE TO ESTABLISH CONTINUING APPROPRIATION AUTHORITY FOR YEAR -END CLOSE -OUT OF CERTAIN ENCUMBRANCES The ordinance was received by consent and referred to the Finance Committee. November 19, 1987 Page 9 EMERGENCY ORDINANCE TO REVISE THE 1987 CURRENT EXPENSE FUND BUDGET, PUBLIC DEFENDER'S APPRQPRIATION THEREIN Warner reported that the Finance Committee recommended immediate adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried 6 -1 (Hansey). ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHA7COI� COUNTY ZONING CODE, TO EXEMPT SEWAGE SLUDGE. AS A CONDITIONAL USE IN THE RURAL, AGRICULTURAL. AND FORESTRY ZONES AND IQ ALLQW IT AS AN ACCESSORY USE WHEN REGULATED BY A UTILIZATION PERMIT ISSUED BY THE BELLINGHAM- WHATCOM COUNTY DISTRICT DEPARTMENT OF PUBLIC HEALTH IN ACCORDANCE WITH WAC 173 - 304 -300 The ordinance was received by consent and referred to the Planning and Development Committee. The meeting Was adjourned at 10:00 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Tom Burton, Chair ATTEST: Clerk of the Council